[MassHistPres] demolition permit question

[Tucker, Jonathan]

This may seem obvious, but a vacant lot is not a use (reuse) of land,
suitable or not.  It is the absence of a use of land that anticipates an
unspecified reuse of the property-i.e., we all suspect they want to
clear the land in hopes of attracting a new, more profitable reuse.

 

Chris raises an interesting point about trying to determine the limits
of demolition delay in making such a determination.  However, if your
demo delay bylaw is part of your zoning bylaw, then it seems to me that
the question of what is and is not a land use does not go away.  To do
its job, your Historical Commission must either: 1) make a finding
itself about whether or not a vacant lot is a land use (and if it's not
listed in the use chart on your zoning bylaw, I suspect the Commission
could justify saying that it's not), or 2) get somebody else (your
zoning enforcement officer) to make that determination for them.  It may
all end in your ZBA's lap if the applicant appeals, anyway, in which
you'll get an answer one way or another. 

 

You mentioned that among the disparate opinions you've received was one
from your Town Counsel.  What did he/she say?

 

Jonathan Tucker

Planning Director

Amherst Planning Department

4 Boltwood Avenue, Town Hall

Amherst, MA  01002

(413) 259-3040

tuckerj at amherstma.gov    

 

 

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of melanie deware
Sent: Friday, January 01, 2010 6:11 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] demolition permit question

 

For those of you who may be following our news, Easton may be facing the
demolition of our historic Shovel Shops/Ames Shovel Works complex.
During discussions, the question was raised as to whether "vacant lot"
was a suitable reuse of the property as indicated by the owner on the
demolition application.   We have heard many differing opinions on the
answer.  Anyone know of any precedent that may help the Historical
Commission (we believe it is not a suitable reuse)?
 
Melanie Deware
Chairman, Easton Historical Commission

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